Code of Alabama
Title 35 - Property.

Section 35-1-3 - Disposition of Unsolicited Goods Delivered by Mail or Common Carrier. - Unless otherwise agreed, where unsolicited goods are delivered by mail...

Section 35-1-4 - Right of Access to Cemetery on Privately Owned or Leased Property. - (a) Owners and lessees of private land on which a...

Section 35-1-5 - Display of United States Flag. - (a) Notwithstanding any covenant, contract, or restriction to the contrary,...

Section 35-1-6 - Limitation on Certain Environmental or Developmental Policies Affecting Property Rights. - (a) As used in this section, "political subdivisions" means all...

Chapter 2 - Surveys.

Article 1 - Alabama Coordinate System.

Section 35-2-1 - System Designated; State Divided Into East and West Zones. - The system of plane coordinates which has been established by...

Section 35-2-2 - Designation of System in Land Description. - As established for use in the east zone, the Alabama...

Section 35-2-3 - Plane Coordinates Used in System. - The plane coordinates of a point on the earth's surface,...

Section 35-2-4 - Description When Tract of Land Lies in Both Zones. - When any tract of land to be defined by a...

Section 35-2-5 - Definition of System by United States Coast and Geodetic Survey Adopted. - (a) For purposes of more precisely defining the Alabama coordinate...

Section 35-2-6 - Limitation on Recordation of Coordinates Defining Position of Point on Land Boundary; Descriptions of Monuments, Markers, Etc. - No coordinates based on the Alabama coordinate system, purporting to...

Section 35-2-7 - Limitation on Use of Name of System. - The use of the term "Alabama coordinate system" on any...

Section 35-2-8 - Description by Reference to Subdivision, Line, or Corner of United States Public Land Surveys. - Whenever coordinates based on the Alabama coordinate system are used...

Section 35-2-9 - Purchaser or Mortgagee Not Required to Rely Exclusively on Description Based on System. - Nothing contained in this article shall require any purchaser or...

Article 2 - Division of Land Surveys.

Section 35-2-20 - Creation and Purpose. - There is hereby created, in the state Department of Conservation...

Section 35-2-21 - Appointment and Qualifications of Chief of Division. - The division of land surveys shall be headed by and...

Section 35-2-22 - Oath and Salary of Chief of Division; No Other Lucrative Position to Be Held. - Before entering upon the discharge of his duties, the chief...

Section 35-2-23 - Functions and Duties of Chief of Division Generally. - The chief of the division of land surveys shall carry...

Section 35-2-24 - Functions, Duties, and Responsibilities of Commissioner of Conservation and Natural Resources Acting Through Chief of Division. - The Commissioner of Conservation and Natural Resources, acting by and...

Section 35-2-25 - Advisory Board - Creation and Membership. - There is hereby created an advisory board to the division...

Section 35-2-26 - Advisory Board - Terms of Members; Filling of Vacancies. - Of the five members first appointed to the division of...

Section 35-2-27 - Advisory Board - Oath of Members; Reimbursement for Expenses. - Members of the advisory board, upon induction into office, shall...

Section 35-2-28 - Advisory Board - Chairman; Meetings. - Members of the advisory board shall choose one of its...

Section 35-2-29 - Advisory Board - Duties. - The advisory board shall assist the Commissioner of Conservation and...

Section 35-2-30 - Acquisition of Land for Monuments and Office. - The Department of Conservation and Natural Resources, division of land...

Section 35-2-31 - Custody and Ownership of Original Survey Corners and Accessories; Penalty for Alteration or Destruction, Etc. - The custody and ownership of the original United States public...

Section 35-2-32 - Right of Entry Upon Private Property; Liability for Damages; Immunity From Arrest for Trespass. - Members of the advisory board, the chief of the division...

Section 35-2-33 - Furnishing Copies of Records; Admissibility of Division Records in Court Proceedings. - On request of the chief of the division of land...

Section 35-2-34 - Registration of Employees; Private Surveying or Consultation Not Permitted. - Every employee of the division of land surveys who is...

Section 35-2-35 - Production, Reproduction, or Sale of Maps, Plats, Etc. - The division of land surveys may produce, reproduce, and sell...

Section 35-2-36 - Contracts. - Whenever the division of land surveys deems it expedient and...

Section 35-2-37 - Limitation on Amount of Warrants for Payment of Expenses and Compensation. - Under no circumstances shall the total amount of warrants issued...

Section 35-2-38 - Extent of Surveys or Resurveys Authorized by Article. - This article shall not be construed as to authorize or...

Article 3 - Town Surveys, Plats, or Maps, Etc.

Section 35-2-50 - Survey Required; What Plat or Map Must Show. - Any person, or his administrator, executor or guardian, desiring to...

Section 35-2-51 - Certification, Acknowledgment, and Recordation of Plat or Map; Copies as Evidence; Conveyance. - (a) The plat or map having been completed shall be...

Section 35-2-52 - Approval of Municipal Authorities Required. - It shall be the duty of every probate judge in...

Section 35-2-53 - Vacation of Plat or Map by Owner of Lands. - Any plat or map, whether or not executed and recorded...

Section 35-2-54 - Vacation of Streets or Alleys by Abutting Landowners. - Any street or alley shown by any map, plat, or...

Section 35-2-55 - Validation, Ratification, and Confirmation of Vacation of Streets, Etc. - Every change in location, or vacation, or attempted vacation of...

Section 35-2-56 - Mutilated, Lost, or Mislaid Maps or Plats. - Where land has been divided into lots, and the map...

Section 35-2-57 - Duty of Probate Judge Upon Recording Vacated Map or Plat. - When a map or plat or part thereof is vacated,...

Section 35-2-58 - Vacation and Annulment of Map or Plat, etc., by Circuit Court - Jurisdiction; Parties. - The circuit courts of this state shall have jurisdiction and...

Section 35-2-59 - Vacation and Annulment of Map or Plat, etc., by Circuit Court - Conduct of Proceedings; Entry of Judgment; Appeals. - The proceedings for vacating and annulling such maps, plats, surveys,...

Section 35-2-60 - Vacation and Annulment of Map or Plat, etc., by Circuit Court - Recordation of Judgment. - If the final judgment or order of the court provides...

Section 35-2-61 - Fee for Recordation and Registration. - The party filing such petition, complaint, order, or judgment for...

Section 35-2-62 - Remedies Not Exclusive. - The remedies provided in this article for vacating maps, plats,...

Article 4 - Recording of Aerial Photographs or Maps.

Section 35-2-80 - Duty of Probate Judges to Record Aerial Photographs or Maps; Manner of Recordation and Maintenance. - In order to facilitate acquirement of easements by watershed associations,...

Section 35-2-81 - Approval of County Engineer; Recordation by Probate Judge Without Fee; Use After Recordation. - Before being recorded, all such photographs or maps must have...

Section 35-2-82 - Article Cumulative. - This article is cumulative.

Chapter 3 - Boundaries.

Article 1 - Actions to Determine Boundaries.

Section 35-3-1 - Proceedings Authorized; Conclusiveness of Established Lines. - In addition to any other proceeding authorized under the laws...

Section 35-3-2 - Right to Maintain Action; Duty of Court to Determine Claims and Make Order. - Actions may be brought by any person owning land or...

Section 35-3-3 - Judgment; Landmarks. - The judgment shall locate and define the boundary lines involved...

Article 2 - Determination of Boundaries in Pending Actions.

Section 35-3-20 - Order for Survey on Motion of Court. - (a) Whenever in any action pending in the circuit court...

Section 35-3-21 - Order for Survey on Motion of Party - Filing; Notice to Show Cause; Continuance. - (a) Any party to such action may file a motion...

Section 35-3-22 - Order for Survey on Motion of Party - Appointment of Surveyor; Costs Generally. - If no objection is made to the making of such...

Section 35-3-23 - Order for Survey on Motion of Party - Deposit of Costs. - In the event a party to such action petitions for...

Section 35-3-24 - Duty of Surveyor to Make Survey; Report, Map, or Plat. - Such surveyor or surveyors shall promptly make the survey as...

Section 35-3-25 - Compensation of Surveyor; Provisions of Article Not Exclusive. - In fixing the compensation of the surveyor or surveyors, the...

Chapter 4 - Conveyances and Creation of Estates.

Article 1 - General Provisions.

Section 35-4-1 - Who May Convey Lands by Deed or Will. - All persons of the age of 19 years and not...

Section 35-4-2 - Estate Taken as Fee Simple Unless Expressly Limited. - Every estate in lands is to be taken as a...

Section 35-4-3 - Fee Tail Converted Into Fee Simple. - Every estate in real or personal property in fee tail,...

Section 35-4-4 - Rule Against Perpetuities. - Repealed by Act 2011-532, p. 880, §2, effective January 1,...

Section 35-4-5 - Conveyance to Avoid Perpetuities. - Lands may be conveyed within the limits fixed by law,...

Section 35-4-6 - Maximum Term of Leasehold Estate; Acknowledgment or Approval and Recordation of Leases for More Than 20 Years. - No leasehold estate can be created for a longer term...

Section 35-4-7 - Survivorship Between Joint Tenants. - When one joint tenant dies before the severance, his interest...

Section 35-4-8 - Posthumous Children Included in "Heirs," "Issue," or "children." - Where a future estate is limited to "heirs," "issue," or...

Section 35-4-9 - Ownership of Title Instruments. - Instruments essential to the title of real property and which...

Article 2 - Execution, Attestation, and Acknowledgment.

Section 35-4-20 - Conveyance Required to Be in Writing; Signature; Attestation by Witnesses. - Conveyances for the alienation of lands must be written or...

Section 35-4-21 - Seal Unnecessary. - A seal is not necessary to convey the legal title...

Section 35-4-22 - Effect of Writings Importing to Be Under Seal. - All writings which import on their face to be under...

Section 35-4-23 - Acknowledgment - Operates as Compliance With Witness Requirements. - The acknowledgment provided for in this article operates as a...

Section 35-4-24 - Acknowledgment - Officers Authorized to Take in This State. - Acknowledgments and proofs of conveyances may be taken by the...

Section 35-4-25 - Acknowledgment - Officers Holding Stock in Certain Corporations. - An acknowledgment or proof of any deed, mortgage, or other...

Section 35-4-26 - Acknowledgment - Officers Authorized to Take Outside Alabama; Validity; Certification. - (a) Acknowledgments, proofs of conveyances, and affidavits may be taken...

Section 35-4-27 - Acknowledgment - Proof of Official Seal. - All deeds, powers of attorney and other instruments of conveyance,...

Section 35-4-28 - Acknowledgment - Powers of Attorney, Etc. - Powers of attorney or other instruments conferring authority to convey...

Section 35-4-29 - Form of Acknowledgment. - The following are substantially the forms of acknowledgment to be...

Section 35-4-30 - Form of Probate of Conveyance. - The form of a probate of a conveyance or other...

Section 35-4-31 - Livery of Seisin Unnecessary. - Livery of seisin is not necessary in any conveyance of...

Section 35-4-32 - Attornment of Tenant Unnecessary. - Every conveyance of an estate in any hereditament, corporeal or...

Section 35-4-33 - Judgment for Specific Performance. - A judgment for specific performance shall operate as a deed...

Section 35-4-34 - Recitation of Consideration Unnecessary. - No deed or other conveyance creating or transferring any interest...

Article 3 - Recordation and Registration in General.

Division 1 - General Provisions.

Section 35-4-50 - Conveyances Required to Be Recorded in Office of Probate Judge. - Conveyances of property, required by law to be recorded, must...

Section 35-4-51 - What Instruments Admitted to Record; Filing as Notice of Contents; Section Cumulative. - Except as may be otherwise provided by the Uniform Commercial...

Section 35-4-52 - Petitions, Decrees, or Orders of Bankruptcy. - (a) A certified copy of the petition, with or without...

Section 35-4-51.1 - Recordation of Memorandum of Lease; Contents; Effect. - (a) A memorandum of a lease may be recorded in...

Section 35-4-53 - Bonds for Title, Etc. - Every bond for title or other written contract for the...

Section 35-4-54 - Conveyances of Personal Property Brought Into State by Tenants for Life or Years. - Whenever any person, having an estate for life or years...

Section 35-4-55 - Choses in Action Not "Personal Property" Within Meaning Used in Division. - Choses in action are not included in the words "personal...

Section 35-4-56 - Patents. - Patents from this state or the United States to lands...

Section 35-4-57 - Deeds of Assignment for Benefit of Creditors. - All deeds of assignment executed by debtors for the benefit...

Section 35-4-58 - Mode of Recording Generally; Time Stamp; Fees. - Judges of probate are to procure, at the expense of...

Section 35-4-59 - Conveyance Operative as Record From Date of Delivery; Receipt. - The conveyance or other instrument is operative as a record...

Section 35-4-60 - Access to Books; Transcripts. - Such judge must permit all persons to have free access...

Section 35-4-61 - Liability of Probate Judge for Failure to Perform Duties Generally. - If any judge of probate neglects or refuses to perform...

Section 35-4-62 - Locations for Recording Conveyances in Real Property, Deeds, Mortgages, Etc. - (a) Conveyances of real property shall be recorded in the...

Section 35-4-63 - Recording Effective as Notice of Contents of Conveyance. - The recording in the proper office of any conveyance of...

Section 35-4-64 - Purchasers Protected in Dealing With Record Owner as Owner of Indebtedness. - Purchasers of real property against which there are recorded mortgages,...

Section 35-4-65 - When Conveyance Receivable in Evidence. - Conveyances of property, real or personal, or any interest therein,...

Section 35-4-66 - Recording Certified Copies of Instruments. - It shall be lawful to record certified copies of deeds,...

Section 35-4-67 - Proof of Conveyances Executed in Name of Corporation. - (a) Any deed, mortgage or other conveyance of property which...

Section 35-4-68 - Form of Proof or Acknowledgment of Conveyances. - All conveyances admitted to record on proof must be attested...

Section 35-4-69 - Affidavits - Record as Notice of Facts Recited; by Whom Made. - Affidavits heretofore recorded or that may hereafter be recorded showing...

Section 35-4-70 - Affidavits - Admissibility as Evidence. - In any litigation over any of the lands referred to...

Section 35-4-71 - Affidavits - Filing and Recordation by Probate Judge. - The affidavits referred to in Sections 35-4-69 and 35-4-70 shall...

Section 35-4-72 - Improperly Acknowledged or Recorded Instruments as Evidence. - When a validly executed instrument, not properly acknowledged and recorded,...

Section 35-4-73 - Recitation of Marital Status of Grantor or Vendor Required; Probate Judge Not Liable for Good Faith Error; False Recitation a Misdemeanor. - (a) No deed, contract, or other conveyance of land or...

Section 35-4-74 - Necessity for Including Plat or Description of Plat Book, etc.; Probate Judge Not Liable for Good Faith Error. - (a) No instrument, other than a will, purporting to create...

Section 35-4-75 - Time for Delivery of Deed; When Recorded Contract Presumed Abandoned. - (a) Where any contract or extension thereof for the sale...

Section 35-4-76 - Limitations on Duration of Option to Purchase Land. - (a) No option to purchase any interest in land, other...

Division 2 - Recordation Necessary as to Purchasers, Mortgagees, and Judgment Creditors.

Section 35-4-90 - Conveyances of Real Property Generally. - (a) All conveyances of real property, deeds, mortgages, deeds of...

Section 35-4-91 - Instruments Creating Estates in Remainder, Etc. - All wills and conveyances, creating estates in lands in remainder...

Section 35-4-92 - Transfers of Standing Timber, Trees, and Cutting Rights. - Except as may be otherwise provided by Article 9 of...

Section 35-4-93 - Marriage Settlements. - Personal property conveyed in consideration of marriage, when the possession...

Section 35-4-94 - Loans in Writing, Wills or Conveyances Creating Estates in Personal Property on Condition, Etc. - All loans in writing, wills, or conveyances creating estates in...

Section 35-4-95 - Effect of Loans of Personal Property Not in Writing. - All loans of personal property, not in writing, vest an...

Section 35-4-96 - Conveyances of Personalty to Minors. - All conveyances of personal property in favor of minor children,...

Section 35-4-97 - Effect of Parol Gifts of Personal Property. - Parol gifts of personal property are inoperative until the custody,...

Section 35-4-98 - When Conditional Sales Contract Received in Evidence. - Such a conditional sales contract, when the execution thereof has...

Division 3 - Statement of Name and Address of Preparer of Certain Instruments.

Section 35-4-110 - Instrument Not Recordable Unless Statement Endorsed on It. - No probate judge shall receive for record or permit the...

Section 35-4-111 - Probate Judge Not Liable for Good Faith Errors. - The probate judge shall not be liable in damages or...

Section 35-4-112 - When Division Not Applicable. - This division shall not apply to the recording of any...

Section 35-4-113 - Form. - An instrument will be in compliance with this division if...

Division 4 - Alabama Uniform Real Property Electronic Recording Act.

Section 35-4-120 - Short Title. - This division may be cited as the Alabama Uniform Real...

Section 35-4-121 - Definitions. - In this division: (1) "Document" means information that is: a....

Section 35-4-122 - Validity of Electronic Documents. - (a) If a law requires, as a condition for recording,...

Section 35-4-123 - Recording of Documents. - (a) In this section, "paper document" means a document that...

Section 35-4-124 - Administration and Standards. - (a) The Electronic Recording Commission consisting of 14 members is...

Section 35-4-125 - Scope and Restrictions. - Except as expressly provided in this division or the standards...

Section 35-4-126 - Uniformity of Application and Construction. - In applying and construing this uniform act, consideration must be...

Section 35-4-127 - Relation to Electronic Signatures in Global and National Commerce Act. - This division modifies, limits, and supersedes the federal Electronic Signatures...

Article 4 - Lis Pendens.

Section 35-4-130 - Lis Pendens Record. - The judge of probate of each county in this state...

Section 35-4-131 - Notice of Actions, Etc. - (a) When any civil action or proceeding shall be brought...

Section 35-4-132 - Notice of Levy. - When a sheriff, constable, United States marshal, or other officer...

Section 35-4-133 - Notices to Be Recorded in Full; Indorsement on Original. - Any notice filed with the judge of probate under this...

Section 35-4-134 - Index of Notices. - The judge of probate, upon filing and recording each notice,...

Section 35-4-135 - Bona Fide Purchasers, etc., Protected Upon Failure to Record Notice. - If the notice required by Sections 35-4-131 and 35-4-132 shall...

Section 35-4-136 - Record of Termination of Action; Microfilm. - Where the action, proceeding, or levy, notice of which has...

Section 35-4-137 - Release of Land From Lien Upon Execution of Bond. - When any lis pendens in an action or proceeding to...

Section 35-4-138 - Fees for Recording Notice. - The judge of probate, for the services required of him,...

Section 35-4-139 - Liability of Judges and Officers on Bonds. - If any judge of probate shall fail to perform any...

Article 5 - Reformation of Deeds, Mortgages, and Conveyances.

Section 35-4-150 - Civil Action for Reformation of Conveyances Containing Erroneous Description. - Any person claiming title to land directly or remotely from...

Section 35-4-151 - Error in Any Description Sufficient to Maintain Civil Action. - In order to authorize a person claiming title under the...

Section 35-4-152 - Grantors, etc., May Be Made Parties Defendant. - The grantors in any number of conveyances in the chain...

Section 35-4-153 - Fraud or Mistake. - When, through fraud, or a mutual mistake of the parties,...

Article 6 - Life Estates.

Section 35-4-170 - Remainders Not Defeated by Acts of Life Tenants. - No estate or interest of any person can be defeated,...

Section 35-4-171 - Removal of Personalty. - The tenant for life in personalty cannot remove it beyond...

Article 7 - Ascertainment and Payment of Life or Dower Interests.

Section 35-4-190 - Duty of Court to Ascertain Present Value and Make Payment. - Excepting in cases where the dower interest of the widow...

Section 35-4-191 - Application; Notice; Guardian Ad Litem; Hearing; Costs. - (a) The application referred to in Section 35-4-190 shall set...

Section 35-4-192 - Appeals. - Any party feeling aggrieved by the finding of the court...

Article 8 - Remainders and Executory Devises.

Section 35-4-210 - Definitions. - As used in this article, the following terms shall have...

Section 35-4-211 - Vested or Contingent Remainders Generally. - Remainders are either vested or contingent. A vested remainder is...

Section 35-4-212 - Contingent Remainder in Lands Equivalent to Executory Devise. - No estate in lands can be created by way of...

Section 35-4-213 - Remainder Limited After Death Without Heirs or Issue. - Where a remainder in real or personal property is limited...

Article 9 - Rule in Shelley's Case.

Section 35-4-230 - Abolished. - Where a remainder created by a deed or will is...

Section 35-4-231 - Character of Estate Pur Autre Vie. - An estate during the life of a third person, whether...

Section 35-4-232 - Conveyance of Greater Estate by Tenant for Life or Years Passes His Estate. - A conveyance made by a tenant for life or years,...

Article 10 - Trust Estate and Uses.

Section 35-4-250 - Effect of Use, Trust, or Confidence for Mere Benefit of Third Persons. - No use, trust, or confidence can be declared of any...

Section 35-4-251 - Trusts May Be Created for Lawful Purpose; Necessity for Legal Title to Vest in Trustees. - Repealed by Act 2006-216, p. 314, §5, effective January 1,...

Section 35-4-252 - Term of Trust for Accumulation. - Repealed by Act 2006-216, p. 314, §5, effective January 1,...

Section 35-4-253 - Application of Income for Accumulation to Support of Minor. - Repealed by Act 2006-216, p. 314, §5, effective January 1,...

Section 35-4-254 - Responsibility of Payor for Payment Made to Trustee. - Repealed by Act 2006-216, p. 314, §5, effective January 1,...

Section 35-4-255 - Trust Concerning Lands Required to Be in Writing. - THIS SECTION WAS TRANSFERRED TO SECTION 19-3B-1301 BY ACT 2006-216,...

Section 35-4-256 - Trust Void as to Creditors or Purchasers Without Notice. - Transferred to Section 19-3B-1302 effective January 1, 2007

Section 35-4-257 - Recording as Notice of Trust. - When a trust is created or declared by any such...

Section 35-4-259 - Trusts for Employees or Self-Employed Persons. - Transferred to Section 19-3B-1304 effective January 1, 2007.

Section 35-4-258 - Trust Estate Not Descendible Upon Death of Trustee. - Transferred to Section 19-3B-1303 effective January 1, 2007

Section 35-4-260 - Trusts Consisting of Insurance Policies or Proceeds. - Transferred to Section 19-3B-1305 effective January 1, 2007.

Article 11 - Warranties and Covenants.

Section 35-4-270 - Warranties by Tenant for Life. - All warranties by any tenant for life are void as...

Section 35-4-271 - Construction of Words "Grant," "Bargain," or "Sell"; When Covenants of Warranty Implied. - In all conveyances of estates in fee, the words "grant,"...

Article 12 - Powers.

Section 35-4-290 - Reservation of Power by Grantor. - (a) The grantor, in any conveyance, may reserve to himself...

Section 35-4-291 - Powers Deemed Absolute. - Every power of disposition is deemed absolute, by means of...

Section 35-4-292 - Effect of Grant of Absolute Power. - (a) When an absolute power of disposition, not accompanied by...

Section 35-4-293 - Dispositions Valid to Extent of Power. - No disposition by virtue of a power is void on...

Section 35-4-294 - Power Disposing of Real Estate Required to Be in Writing. - No power of disposing of real estate can be executed,...

Section 35-4-295 - Requirements for Disposition by Devise or Will. - When a power to dispose of lands is confined to...

Section 35-4-296 - Execution in Cases Where Instrument Specified Is Insufficient. - When the donor of a power has directed it to...

Section 35-4-297 - Disposition By, Between, or Among Several Persons Generally. - When a disposition under a power is directed to be...

Section 35-4-298 - Execution of Power Upon Death of Trustee With Right of Selection. - If the trustee of a power, with the right of...

Section 35-4-299 - Consent of Third Persons to Execution of Power. - When the consent of a third person to the execution...

Section 35-4-300 - Disposition to or Among Children. - When a disposition under an appointment or a power is...

Section 35-4-301 - Powers Irrevocable Unless Otherwise Indicated. - Every power, beneficial or in trust, is irrevocable, unless an...

Section 35-4-302 - Release of Powers. - (a) Any power which is exercisable by deed, by will,...

Section 35-4-303 - Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal. - Where lands are devised to one or more executors, or...

Section 35-4-304 - Execution of Power by Surviving Donee. - When a power is vested in several persons and, previous...

Section 35-4-305 - Special and Beneficial Powers Liable to Claims of Creditors. - Every special and beneficial power is liable to the claims...

Section 35-4-306 - Article Not Extended to Simple Power of Attorney. - The provisions of this article in relation to powers do...

Article 13 - Conveyances by Executors and Administrators.

Section 35-4-320 - Personal Representative Authorized to Make Conveyance. - In all cases of written agreements or contracts for the...

Section 35-4-321 - Application to Compel Conveyance - Generally. - If the personal representative refuses to execute the conveyance in...

Section 35-4-322 - Application to Compel Conveyance - Contents; Notice Generally; Decree; Appeals. - Such application must be by petition, setting out the contract...

Section 35-4-323 - Application to Compel Conveyance - Notice to Guardians of Minor Heirs. - In all cases in which minor heirs are interested in...

Article 14 - Conveyances by Literary or Social Societies, Etc.

Section 35-4-340 - Who May Convey Title. - A majority of the trustees or any other authorized agent...

Section 35-4-341 - Meeting of Trustees; Execution of Deed. - (a) Before such deed may be executed, a majority of...

Section 35-4-342 - Property Subject to Provisions of Article. - The provisions of this article shall apply to the conveyance...

Section 35-4-343 - Vendor's Lien, Etc. - Nothing in this article shall prevent any literary society, social...

Section 35-4-344 - Article Not Exclusive. - This article shall not be construed as prescribing the exclusive...

Article 15 - Conveyances of Standing Timber.

Section 35-4-360 - Time for Cutting and Removal of Timber. - (a) In all conveyances of standing timber by deed or...

Section 35-4-361 - Right-of-Way Over Timberlands. - In all conveyances of standing timber, by deed or other...

Section 35-4-362 - Reversion of Title to Uncut Timber. - In all conveyances of standing timber, by deed or other...

Section 35-4-363 - When Standing Timber and Trees, etc., Deemed Chattels. - All standing timber and trees, and cutting rights with respect...

Article 16 - Conveyances, etc., by Governor or State Agency or Institution.

Section 35-4-380 - Lease of Salt Springs, Etc. - (a) The Commissioner of Conservation and Natural Resources by and...

Section 35-4-381 - Sale of Right to Quarry Limestone and Clay. - The Governor may sell the right to quarry limestone and...

Section 35-4-382 - Validity of Conveyances by State Agencies. - All conveyances of real estate made by any department, commission,...

Section 35-4-383 - Validity of Leases, etc., by State Agencies. - (a) All leases, contracts of exchange, or other dispositions of...

Section 35-4-384 - Sale of Contingent Interests by State Institutions. - Any state institution including schools, colleges, or other educational institutions...

Section 35-4-385 - Conveyance of Lands Owned by the State. - When any department of the state, having power and authority...

Section 35-4-386 - Patent to Decedent Vests Title in His Successors. - Where patents for public lands have been or may be...

Section 35-4-387 - Recordation of Patents. - The Secretary of State must record, in well-bound books, all...

Section 35-4-388 - When Purchaser Entitled to Receive Patent. - All purchasers of real property belonging to this state, their...

Section 35-4-389 - Patents for Swamp and Overflowed Lands. - The Governor may issue patents to the purchasers of swamp...

Section 35-4-390 - Prior Conveyances Ratified and Confirmed. - All conveyances of land owned or claimed by the state...

Section 35-4-391 - Conveyances in Cases of Lost Deeds or Adverse Possession. - When it is made to appear to the satisfaction of...

Section 35-4-393 - Settlement of Dispute as to Certain Property in Mobile County Conveyed to University of South Alabama Foundation by University of South Alabama. - (a) WHEREAS, on December 13, 1982, the state issued to...

Article 17 - Alienation of Certain Public Improvements by Political Subdivisions of State.

Section 35-4-410 - Authorization to Alienate Public Recreational Facilities and Housing Projects. - The governing bodies of counties, cities, towns, and other subdivisions...

Section 35-4-411 - Ordinance or Resolution Describing Proposed Conveyance. - When the county commission, or the council or like governing...

Section 35-4-412 - Referendum Election. - The county or municipal governing body shall provide for a...

Article 18 - Private Transfer Fees.

Section 35-4-430 - Intent. - The Legislature finds and declares that the public policy of...

Section 35-4-431 - Definitions. - (a) As used in this article, the following words have...

Section 35-4-432 - Prohibition. - A private transfer fee obligation recorded or entered into in...

Section 35-4-433 - Liability for Violations. - (a) Any person who records or enters into an agreement...

Section 35-4-434 - Disclosure. - (a) Any contract for the sale of real property subject...

Section 35-4-435 - Notice Requirements for Existing Private Transfer Fee Obligations. - (a) The payee of a private transfer fee obligation imposed...

Chapter 4A - Alabama Uniform Statutory Rule Against Perpetuities.

Section 35-4A-1 - Short Title. - This chapter may be cited as the Alabama Uniform Statutory...

Section 35-4A-2 - Statutory Rule Against Perpetuities. - (a) A nonvested property interest is invalid unless: (1) when...

Section 35-4A-3 - When Nonvested Property Interest or Power of Appointment Created. - (a) Except as provided in subsections (b), (c), and (d)...

Section 35-4A-4 - Reformation. - Upon the petition of an interested person, a circuit court...

Section 35-4A-5 - Exclusions From Statutory Rule Against Perpetuities. - Section 35-4A-2, the statutory rule against perpetuities, does not apply...

Section 35-4A-6 - Prospective Application. - This chapter applies to a nonvested property interest or a...

Section 35-4A-7 - Uniformity of Application and Construction. - This chapter shall be applied and construed to effectuate its...

Section 35-4A-8 - Relation to Common Law. - This chapter supersedes the rule of the common law known...

Chapter 5A - Uniform Transfers to Minors Act.

Section 35-5A-1 - Short Title. - This chapter may be cited as the "Alabama Uniform Transfers...

Section 35-5A-2 - Definitions. - As used in this chapter, the following terms shall have...

Section 35-5A-3 - Transfers and Custodians to Which Chapter Applicable; Personal Jurisdiction Over Custodian; Transfers Made Under Law of Another State. - (a) This chapter applies to a transfer that refers to...

Section 35-5A-4 - Nomination of Custodian. - (a) A person having the right to designate the recipient...

Section 35-5A-5 - Transfer by Gift or Exercise of Power of Appointment. - A person may make a transfer by irrevocable gift to,...

Section 35-5A-6 - Transfer by Will or Trust. - (a) A personal representative or trustee may make an irrevocable...

Section 35-5A-7 - Other Transfer by Fiduciary. - (a) Subject to subsection (c), a personal representative or trustee...

Section 35-5A-8 - Transfer by Obligor. - (a) Subject to subsections (b) and (c), a person not...

Section 35-5A-9 - Receipt and Discharge for Transfer of Custodial Property. - A written acknowledgment of delivery by a custodian constitutes a...

Section 35-5A-10 - Manner of Creating Custodial Property and Effecting Transfer; Form of Transfer; Control of Custodial Property. - (a) Custodial property is created and a transfer is made...

Section 35-5A-11 - Transfer to Be for One Minor; Only One Custodian; Single Custodianship. - A transfer may be made only for one minor, and...

Section 35-5A-12 - Validity of Transfer; Interest Conveyed; Rights of Custodian and Minor as to Property Transferred; Provisions of Chapter Incorporated in Transfer; Transfer Does Not Authorize Settlement or Release of Claims. - (a) The validity of a transfer made in a manner...

Section 35-5A-13 - Powers and Duties of Custodian as to Custodial Property Generally. - (a) A custodian shall: (1) Take control of custodial property;...

Section 35-5A-14 - Custodian Has Rights and Powers That Unmarried Adult Would Have as to Property. - (a) A custodian, acting in a custodial capacity, has all...

Section 35-5A-15 - Delivery, Payment, or Expenditure of Custodial Property for Benefit of Minor. - (a) A custodian may deliver or pay to the minor...

Section 35-5A-16 - Custodian's Expenses, Compensation, and Bond. - (a) A custodian is entitled to reimbursement from custodial property...

Section 35-5A-17 - Exemption of Third Person From Liability for Good Faith Dealings With Custodian. - A third person in good faith and without court order...

Section 35-5A-18 - Claims Against Custodial Property; Personal Liability of Custodian and Minor. - (a) A claim based on (1) a contract entered into...

Section 35-5A-19 - Renunciation, Resignation, Death or Removal of Custodian; Designation of Successor Custodian. - (a) A person nominated under section 35-5A-4 or designated under...

Section 35-5A-20 - Accounting by and Determining of Liability of Custodian. - (a) A minor who has attained the age of 14...

Section 35-5A-21 - Termination of Custodianship Upon Minor's Reaching Age 21 or Age of Majority or Upon Minor's Death. - The custodian shall transfer in an appropriate manner the custodial...

Section 35-5A-22 - Applicability of Chapter. - This chapter applies to a transfer within the scope of...

Section 35-5A-23 - Transfers Made Before and Custodianships Existing on October 1, 1986; Property Held in Custodianship Which Terminated Between July 22, 1975, and October 1, 1986, When Minor Attained Age 19. - (a) Any transfer of custodial property as now defined in...

Section 35-5A-24 - Uniformity of Application and Construction. - This chapter shall be applied and construed to effectuate its...

Chapter 6 - Partition.

Article 1 - General Provisions.

Section 35-6-1 - Deposit of Unclaimed Money in County Treasury; Payment Upon Order of Court. - (a) When a sale of premises is made, and no...

Article 2 - Partition in Circuit Court.

Section 35-6-20 - Jurisdiction of Circuit Court to Divide or Sell for Division. - The circuit court shall have original jurisdiction to divide or...

Section 35-6-21 - Interpleader. - During the pendency of any civil action for partition, any...

Section 35-6-22 - Duty of Court to Declare Rights of Parties. - The court shall ascertain and declare the rights, titles, and...

Section 35-6-23 - Determination of Questions of Title and Adjustment of Equities. - (a) If the title of the plaintiffs seeking partition or...

Section 35-6-24 - Partition Without Commissioners; Owelty. - If, at the hearing, it appears that the intervention of...

Section 35-6-25 - Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative. - (a) When it is necessary to make any person a...

Article 3 - Partition in Probate Court.

Section 35-6-40 - Property Subject to Partition; by Whom Application Made. - Any property, real, personal or mixed, held by joint owners...

Section 35-6-41 - Partition of Land Lying Partly in Different Counties. - When partition is sought of a tract of land lying...

Section 35-6-42 - Contents of Application. - The application for division or partition must set forth the...

Section 35-6-43 - Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties. - Upon the filing of the application, a day not less...

Section 35-6-44 - Proceedings Against Unknown Persons and Certain Other Parties Defendant. - When it is necessary to make any persons defendant to...

Section 35-6-45 - Decree for Partition; Appointment of Commissioners; Minors' Interests Considered. - If, upon the hearing, the court is satisfied from the...

Section 35-6-46 - Oath of Commissioners; Duties Generally. - The commissioners must be sworn faithfully to execute the trust...

Section 35-6-47 - Notice of Partition. - In case of partition of lands, the commissioners must give...

Section 35-6-48 - Determination and Statement by Commissioners. - On the day designated, the commissioners must, in the presence...

Section 35-6-49 - Filing and Recordation of Application, etc.; Record as Evidence. - The application, commission, statement of the commissioners and plat and...

Section 35-6-50 - Partition Vests Title; Annulment by Circuit Court. - The partition so made vests a title in fee simple...

Section 35-6-51 - Effect of Partition on Liens. - When there is a lien on an undivided interest of...

Section 35-6-52 - Completion of Partition by Substitute Commissioner. - If any of the commissioners die, resign or neglect or...

Section 35-6-53 - Fees of Commissioners. - The commissioners are entitled to $2.00 per day for each...

Section 35-6-54 - Costs and Expenses. - The probate court must ascertain the costs and expenses attending...

Section 35-6-55 - Partition Not Made When Adverse Claim or Title Asserted. - No division or partition or sale for distribution can be...

Section 35-6-56 - Remedy Not Exclusive. - The power conferred in this article does not prevent a...

Section 35-6-57 - Sale Instead of Partition - When Sale Ordered. - If, after a decree for partition and the appointment of...

Section 35-6-58 - Sale Instead of Partition - Property Subject to Sale; by Whom Application Made; Where Sale Held; Record of Decrees. - Any property, real or personal, held by joint owners or...

Section 35-6-59 - Sale Instead of Partition - Time for Hearing. - Upon the filing of such application, setting forth that the...

Section 35-6-60 - Sale Instead of Partition - Notice of Hearing; Guardians Ad Litem; Nonresidents as Parties. - All parties in interest must have at least 10 days'...

Section 35-6-61 - Sale Instead of Partition - Evidence. - Evidence in support of such application must be taken as...

Section 35-6-62 - Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale. - If, upon the hearing, the court is satisfied from the...

Section 35-6-63 - Sale Instead of Partition - Payment and Distribution of Purchase Money. - Such commissioner may discharge himself from all liability for money...

Section 35-6-64 - Sale Instead of Partition - Completion of Sale by Substitute Commissioner. - If the commissioner dies, resigns or neglects or refuses to...

Section 35-6-65 - Article Applicable to Executors or Administrators of Deceased Parties. - Should any of the parties interested in property, real or...

Section 35-6-66 - Article Not Applicable to Partition of Crops. - The provisions of this article are not applicable to the...

Article 4 - Sale of Land of Minors and Insane Persons for Distribution Among Joint Owners.

Section 35-6-80 - When and by Whom Sale Made. - In all cases in which any person of unsound mind...

Section 35-6-81 - Report of Sale by Guardian to Court. - Within three months after making any such sale, such guardian...

Section 35-6-82 - Time and Notice of Hearing. - Upon the filing of such report the court must appoint...

Section 35-6-83 - Guardian Ad Litem. - The court must appoint a guardian ad litem to represent...

Section 35-6-84 - Contest by Custodian and Next of Kin. - The person in whose custody such ward is must be...

Section 35-6-85 - Conduct of Hearing Generally; Order Confirming Sale. - On the day appointed for such hearing, or on any...

Section 35-6-86 - Multiple Sales. - Two or more sales of the interest of a ward...

Section 35-6-87 - Report of Payment; Order for Conveyance. - Within 30 days after receiving full payment for the interest...

Section 35-6-88 - Conveyances to Be Presented to Court; Certificate; When Conveyance Vacated. - Every conveyance made under the provisions of this article shall,...

Section 35-6-89 - Sale Void Unless to Advantage of Ward and Confirmed by Court. - (a) If, on the hearing of the report of sale...

Section 35-6-90 - Limitation on Guardian's Authority; Authority of Successor. - The authority conferred under the provisions of this article shall...

Section 35-6-91 - Provisions of Article Not Exclusive. - The provisions of this article shall not be exclusive of...

Article 4A - Purchase of Interest of Joint Owner Filing for Partition.

Section 35-6-100 - Court to Provide for Purchase of Filing Joint Owners' Interests; Notice by Prospective Purchasers. - Upon the filing of any petition for a sale for...

Section 35-6-101 - Appointment of Appraisers; Report. - In such circumstances as described in section 35-6-100, and in...

Section 35-6-102 - Payment of Appraised Value Into Court; Time Period; Transfer of Title. - After the report of the appraisers or commissioners, the tenants...

Section 35-6-103 - Effect of Failure to Pay Purchase Price. - Should the joint owners or tenants in common fail to...

Section 35-6-104 - Costs of Appraisal. - The costs of the appraisers or commissioners shall be taxed...

Article 5 - Partition of Crops.

Section 35-6-110 - Crops Subject to Partition; by Whom Application Made. - Matured crops of corn, cotton, or other produce, raised and...

Section 35-6-111 - Contents of Application. - Such application must set forth the names, ages, and places...

Section 35-6-112 - Time for Hearing; Guardians Ad Litem. - Upon the filing of such application, a day must be...

Section 35-6-113 - Notice. - Notice of such application, and of the day appointed for...

Section 35-6-114 - When Sheriff Ordered to Take Possession of Crops; Forthcoming Bond. - (a) If, at the time of filing such application, or...

Section 35-6-115 - Decree of Partition or Sale; Effect on Existing Liens. - (a) If, on the hearing, the court is satisfied from...

Section 35-6-116 - Sale by Sheriff; Distribution of Proceeds by Probate Judge. - If the crops are ordered sold, the judge of probate...

Section 35-6-117 - Appointment and Duties of Commissioners Generally; Oath; Return; Seizure of Crops. - If a division of the crops is decreed, the judge...

Section 35-6-118 - Sale When Partition Impracticable. - If the commissioners find it impracticable to make division of...

Section 35-6-119 - Replacement of Commissioners Upon Failure to Act. - If any of the commissioners for any cause fail to...

Section 35-6-120 - Objections to Commissioners' Report; Confirming or Setting Aside Report. - Any of the parties may file objections to the report...

Section 35-6-121 - Delivery of Shares. - If all the parties consent in writing, the sheriff, immediately...

Section 35-6-122 - Trial by Jury. - Either party shall be entitled to a trial by jury,...

Section 35-6-123 - Costs and Fees. - The probate court may tax the costs against the unsuccessful...

Section 35-6-124 - Appeals. - Any of the parties, within 10 days thereafter, may appeal...

Section 35-6-125 - Recordation of Papers. - All papers connected with the proceedings shall be filed, but...

Section 35-6-126 - Article Applicable to Assignees; Remedy Not Exclusive. - The provisions of this article shall apply to the assignee...

Chapter 6A - Alabama Uniform Partition of Heirs Property Act.

Section 35-6A-1 - Short Title. - This chapter shall be known and may be cited as...

Section 35-6A-2 - Definitions. - For the purposes of this chapter, the following terms shall...

Section 35-6A-3 - Application and Construction of Chapter. - (a) This chapter applies to partition actions filed on or...

Section 35-6A-4 - Service of Process. - (a) Service of process shall be in accordance with Section...

Section 35-6A-5 - Commisioners. - If the court appoints commissioners pursuant to Section 35-6-45 and...

Section 35-6A-6 - Determination of Value of Property; Appraisal; Notice and Hearing. - (a) Except as otherwise provided in subsection (b) and subsection...

Section 35-6A-7 - Request for Partition by Sale; Purchase of Interests. - (a) In each petitioner's initial pleading in a partition action,...

Section 35-6A-8 - Partition in Kind - Circumstances. - (a) If all the interests of all cotenants that requested...

Section 35-6A-9 - Partition in Kind - Factors. - (a) In determining under subsection (a) of Section 35-6A-8 whether...

Section 35-6A-10 - Methods of Sale. - (a) If the court orders a sale of heirs property,...

Section 35-6A-11 - Report Required for Open Market Sale. - (a) In an open market sale of heirs property, a...

Section 35-6A-12 - Effect on Mortgage, Lien, or Obligation. - A partition, sale or other disposition of property pursuant to...

Section 35-6A-13 - Construction With Other Laws. - In applying and construing this uniform act, consideration shall be...

Section 35-6A-14 - Relation to Federal Law. - This chapter modifies, limits, and supersedes the Electronic Signatures in...

Chapter 7 - Partition Fences.

Section 35-7-1 - Defined. - Partition fences within the meaning of this chapter are fences...

Section 35-7-2 - Joint Owners Authorized to Make Repairs. - Where a partition fence has been, or may hereafter be...

Section 35-7-3 - Expenses to Be Borne Proportionately by Adjoining Owners. - Partition fences between improved lands are to be erected and...

Section 35-7-4 - Ascertainment of Amount to Be Paid Upon Failure of Parties to Agree. - If the parties cannot agree, on application by either to...

Section 35-7-5 - Fees. - The district court is entitled to $.50 for issuing the...

Section 35-7-6 - Oath of Viewers. - The fence-viewers, before proceeding to act, must take an oath,...

Section 35-7-7 - Action to Recover Costs and Expenses. - If one joint owner or tenant in common of a...

Chapter 8 - Condominium Ownership.

Section 35-8-1 - Short Title. - This chapter shall be known as the "Condominium Ownership Act."

Section 35-8-2 - Definitions. - For the purposes of this chapter, the following terms shall...

Section 35-8-3 - Applicability of Chapter. - This chapter shall be applicable only to property, the sole...

Section 35-8-4 - Units to Constitute Real Property. - Each unit shall be deemed real property, the ownership of...

Section 35-8-5 - Unit Ownership, Possession, and Enjoyment. - Any unit may be held and owned by one or...

Section 35-8-6 - Common and Limited Common Elements. - (a) The undivided interest in the common elements and limited...

Section 35-8-7 - Establishment of Condominium Property; Contents of Declaration. - Condominium property shall be established by recording a properly executed...

Section 35-8-8 - Unit Deeds and Other Instruments. - (a) Prior to the conveyance of any unit, plans or...

Section 35-8-9 - Duties and Responsibilities of Association for Administration and Management of Property. - The association provided for by the declaration shall be responsible...

Section 35-8-10 - Bylaws of Association. - The bylaws govern the administration and management of the condominium...

Section 35-8-11 - Recordation of Documents and Instruments. - The declaration and any amendments thereto, the bylaws and any...

Section 35-8-12 - Liability, Actions, and Service of Process. - (a) Neither the association nor any unit owner shall be...

Section 35-8-13 - Common Expenses and Limited Common Expenses. - The common expenses and limited common expenses shall be charged...

Section 35-8-14 - Prohibited Work. - There shall be no material alteration of or substantial addition...

Section 35-8-15 - Taxes, Special Assessments, Etc. - All property taxes, special assessments, and other charges imposed by...

Section 35-8-16 - Liens Against Condominium Property Generally. - (a) Except as otherwise provided in Section 35-8-18, subsequent to...

Section 35-8-17 - Liens in Favor of Association. - The association shall have a lien on each unit for...

Section 35-8-18 - Blanket Mortgage on Condominium Property. - Notwithstanding any other provision of this chapter, if the declaration...

Section 35-8-19 - Mortgage Investments on Condominium Property. - All persons, as defined in Section 35-8-2, including but not...

Section 35-8-20 - Termination of Condominium. - (a) The condominium property may be removed from the provisions...

Section 35-8-21 - Construction and Application of Building or Zoning Laws, Ordinances, and Regulations. - All laws, ordinances, and regulations concerning buildings or zoning shall...

Section 35-8-22 - Chapter to Be Liberally Construed. - Notwithstanding a finding that this chapter is in derogation of...

Chapter 8A - Alabama Uniform Condominium Act.

Article 1 - General Provisions.

Section 35-8A-101 - Short Title. - This chapter shall be known and may be cited as...

Section 35-8A-102 - Applicability. - (a) This chapter applies to all condominiums created within this...

Section 35-8A-103 - Definitions. - In the declaration and bylaws, unless specifically provided otherwise or...

Section 35-8A-104 - Variation by Agreement. - Except as expressly provided in this chapter, provisions of this...

Section 35-8A-105 - Separate Titles and Taxation. - (a) If there is any unit owner other than a...

Section 35-8A-106 - Applicability of Local Ordinances, Regulations, and Building Codes. - (a) A building code may not impose any requirements upon...

Section 35-8A-107 - Eminent Domain. - (a) If a unit is acquired by eminent domain, or...

Section 35-8A-108 - Supplemental General Principles of Law Applicable. - The principles of law and equity, including the law of...

Section 35-8A-109 - Construction Against Implicit Repeal. - This chapter being a general act intended as a unified...

Section 35-8A-110 - Chapter to Be Liberally Construed; Remedies Liberally Administered. - (a) Notwithstanding a finding that this chapter is in derogation...

Article 2 - Creation, Alteration, and Termination of Condominiums.

Section 35-8A-201 - Creation of Condominium. - (a) A condominium may be created pursuant to this chapter...

Section 35-8A-202 - Unit Boundaries. - Except as provided by the declaration: (1) If walls, floors,...

Section 35-8A-203 - Construction and Validity of Declaration and Bylaws. - (a) All provisions of the declaration and bylaws are severable....

Section 35-8A-204 - Description of Units. - A description of a unit which sets forth the name...

Section 35-8A-205 - Contents of Declaration. - (a) The declaration for a condominium must contain: (1) The...

Section 35-8A-206 - Leasehold Condominiums. - (a) Any lease the expiration or termination of which may...

Section 35-8A-207 - Allocation of Common Element Interests, Votes, and Common Expense Liabilities. - (a) The declaration must allocate to each unit in a...

Section 35-8A-208 - Limited Common Elements. - (a) Except for the limited common elements described in Section...

Section 35-8A-209 - Plats and Plans. - (a) A clear and legible plat of the condominium property...

Section 35-8A-210 - Exercise of Development Rights. - (a) To exercise any development right reserved under Section 35-8A-205(a)(8),...

Section 35-8A-211 - Alterations of Units. - Subject to the provisions of the declaration and other provisions...

Section 35-8A-212 - Relocation of Boundaries Between Adjoining Units. - (a) Subject to the provisions of the declaration and other...

Section 35-8A-213 - Subdivision of Units. - (a) If the declaration expressly so permits, a unit may...

Section 35-8A-214 - Monuments as Boundaries. - The existing physical boundaries of a unit or the physical...

Section 35-8A-215 - Use for Sales Purposes. - A declarant may maintain sales offices, management offices, and models...

Section 35-8A-216 - Easement Rights. - Subject to the provisions of the declaration, a declarant has...

Section 35-8A-217 - Amendment of Declaration. - (a) Except in cases of amendments that may be executed...

Section 35-8A-218 - Termination of Condominium. - (a) Except in the case of a taking of all...

Section 35-8A-219 - Rights of Secured Lenders. - The declaration may require that all or a specified number...

Section 35-8A-220 - Master Associations. - (a) If the declaration for a condominium provides that any...

Section 35-8A-221 - Merger or Consolidation of Condominiums. - (a) Any two or more condominiums, by agreement of the...

Article 3 - Management of Condominiums.

Section 35-8A-301 - Organization of Unit Owners' Association. - A unit owners' association must be organized no later than...

Section 35-8A-302 - Powers of Unit Owners' Association. - (a) Except as provided in subsection (b), and subject to...

Section 35-8A-303 - Board Members and Officers. - (a) Except as provided in the declaration, the bylaws, the...

Section 35-8A-304 - Transfer of Special Declarant Rights. - (a) No special declarant right specified in Section 35-8A-103(24) created...

Section 35-8A-305 - Termination of Contracts and Leases of Declarant. - If entered into before the board elected by the unit...

Section 35-8A-306 - Bylaws. - (a) The bylaws of the association must provide for: (1)...

Section 35-8A-307 - Upkeep of Condominiums. - (a) Except to the extent provided by the declaration, subsection...

Section 35-8A-308 - Meetings. - A meeting of the association must be held at least...

Section 35-8A-309 - Quorums. - (a) Unless the bylaws provide otherwise, a quorum is present...

Section 35-8A-310 - Voting; Proxies. - (a) If only one of the multiple owners of a...

Section 35-8A-311 - Tort and Contract Liability. - Neither the association, any association mortgagee, nor any unit owner...

Section 35-8A-312 - Conveyance or Encumbrance of Common Elements. - (a) In a condominium portions of the common elements may...

Section 35-8A-313 - Insurance. - (a) Commencing not later than the time of the first...

Section 35-8A-314 - Surplus Funds. - Unless otherwise provided in the declaration or bylaws, any surplus...

Section 35-8A-315 - Assessments for Common Expenses. - (a) Until the association makes a common expense assessment, the...

Section 35-8A-316 - Lien for Assessments. - (a) The association has a lien on a unit for...

Section 35-8A-317 - Other Liens Affecting the Condominium. - (a) Except as provided in subsection (b), a judgment for...

Section 35-8A-318 - Association Records. - The association shall keep financial records sufficiently detailed to enable...

Section 35-8A-319 - Association as Trustee. - With respect to a third person dealing with the association...

Article 4 - Protection of Condominium Purchasers.

Section 35-8A-401 - Applicability; Waiver. - (a) This article applies to all units subject to this...

Section 35-8A-402 - Liability for Offering Statement Requirements. - (a) Except as provided in subsection (b), a declarant, prior...

Section 35-8A-403 - Offering Statement - General Provisions. - (a) Except as provided in subsection (b), an offering statement...

Section 35-8A-404 - Offering Statement - Condominiums Subject to Development Rights. - If the declaration provides that a condominium is subject to...

Section 35-8A-405 - Offering Statement - Time Shares. - If the declaration provides that ownership or occupancy of any...

Section 35-8A-406 - Offering Statement - Condominiums Containing Conversion Buildings. - The offering statement of a condominium containing any conversion building...

Section 35-8A-407 - Offering Statement - Condominium Securities. - If an interest in a condominium is currently registered with...

Section 35-8A-408 - Purchaser's Right to Cancel. - (a) A person required to deliver the required documents or...

Section 35-8A-409 - Resales of Units. - (a) Except in the case of a sale where delivery...

Section 35-8A-410 - Escrow of Deposits. - (a) As used in this section, except as otherwise provided,...

Section 35-8A-411 - Release of Liens. - (a) In the case of a sale of a unit...

Section 35-8A-412 - Conversion Buildings. - (a) A declarant of a condominium containing conversion buildings, and...

Section 35-8A-413 - Express Warranties. - (a) Express warranties made by the declarant, an affiliate of...

Section 35-8A-414 - Effect of Violations on Rights of Action; Attorney's Fees. - If a declarant or any other person subject to this...

Section 35-8A-415 - Labeling of Promotional Material. - No promotional material may be displayed or delivered to prospective...

Section 35-8A-416 - Declarant's Obligation to Complete and Restore. - (a) Except for improvements labeled, "NEED NOT BE BUILT" the...

Section 35-8A-417 - Substantial Completion of Units. - In the case of a sale of a unit where...

Chapter 8B - Community Development Districts.

Section 35-8B-1 - Definitions; Sale of Alcoholic Beverages. - THIS SECTION WAS AMENDED BY ACT 2022-153 IN THE 2022...

Section 35-8B-2 - Establishment of District. - The exclusive and uniform method for the establishment of a...

Section 35-8B-3 - Sale and Distribution of Alcoholic Beverages Within District. - THIS SECTION WAS AMENDED BY ACT 2022-50 IN THE 2022...

Section 35-8B-4 - State Laws and Regulations Relating to Alcoholic Beverages Applicable to District. - All laws and regulations of the state relating to the...

Section 35-8B-5 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective October 1, 2021. This Is Not in the Current Code Supplement. - (a) Notwithstanding any other provision of law, beginning on October...

Chapter 9 - Landlord and Tenant.

Article 1 - General Provisions.

Section 35-9-1 - Tenant Estopped to Deny Landlord's Title. - The tenant cannot dispute his landlord's title, nor attorn to...

Section 35-9-2 - When Tenant at Will Entitled to Emblements. - The tenant at will is entitled to his emblements, if...

Section 35-9-3 - Duration of Tenancy When Time for Termination Not Specified - Generally. - Where no time is specified for the termination of tenancy,...

Section 35-9-4 - Duration of Tenancy When Time for Termination Not Specified - Hiring of Lodgings for Indefinite Term. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Section 35-9-5 - Notice to Terminate Tenancy for Term Less Than One Year. - In all cases of tenancy by the month or for...

Section 35-9-6 - Notice to Quit for Breach or Default of Terms of Lease. - When default is made in any of the terms of...

Section 35-9-7 - Service of Demand or Notice. - (a) Any demand may be made or notice served by...

Section 35-9-8 - Notice Unnecessary When Tenancy Is for Certain Period. - When a tenancy is for a certain period, and the...

Section 35-9-9 - Remedies Extended to Lessor's Grantees, Etc. - The grantees of any demised lands, tenements, rents or other...

Section 35-9-10 - Remedies Extended to Lessee's Grantees. - The lessees of any lands, their assigns, or personal representatives,...

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Code of Alabama Title 35 - Property.

Code of Alabama
Title 35 - Property.